German Money Laundering Act (GwG)
An GwG-compliant identification can be implemented with the help of electronic proof of identity (Section 18 of the German Identity Card Act) and the electronic residence permit (Section 78 (5) of the German Residence Act), in accordance with Section 12 (1) sentence 1 No. 2 GwG. The obligations to preserve records resulting from this identification procedure (as per Section 8 (2) sentence 5) require the “service and card-specific marking”, which we provide with the data for identification.
German Telecommunications Act (TKG)
The electronic proof of identity (eID), the residence permit and the eID card for Union citizens are permissible procedures for the identification of natural persons (e.g. for the activation of SIM cards) according to Section 111 TKG. The retention obligations are analogous to Section 8 (2) sentence 5 GwG. Accordingly, TKG-compliant identifications can be carried out with AUTHADA ident and onsite, for example, when concluding a mobile phone contract or in the branch when purchasing a SIM card.
German Identity Card Act (PAuswG)
According to Section 18a of the PAuswG (Section 78 (5) of the AufenthG for residence permits and Section 12 of the eIDKG for eID cards for Union citizens), reading the electronic proof of identity (eID) is a reliable process for reading ID card data on site. Before the data is read out on site, it is verified whether the person presenting the ID card is the cardholder. This identification is done by an employee on site.
The eIDAS Regulation regulates electronic identification and electronic trust services all over Europe. The German eID has already been successfully notified and will be able to be used for identification in the EU in the future. The implementation of the eIDAS Regulation is outlined in the Trust Service Act (VDG). Moreover, as per eIDAS, a remote signature can be initiated via the German eID.
State Treaty on Gambling
Retail and online sports betting providers (Section 2 (1) no. 15 GwG) are subject to the general due diligence obligations (Section 10 GwG), including identification (Sections 11 and 12 GwG).
AUTHADA meets the legal requirements (Section 11 (4) No. 1 GwG, Section 12 (1) Sentence 1 No. 2 GwG) and is suitable for remote identification of players in the online sports betting sector in the framework of full identification. On-site identification can also be carried out with AUTHADA inside the betting shop in a legally compliant manner. An employee of the sports betting provider compares the photo on the player’s ID card (Section 8 (2) sentence 2 of the GwG).